User Agreement for DinarPal Services


YOU AGREE THAT THIS USER AGREEMENT WILL BE EFFECTIVE AS TO ALL USERS ON AUGUST 1, 2015


Assalamualikum. Welcome to DinarPal!

This Agreement is a contract between you and DinarPal. Using the DinarPal Services means that you must accept all of the terms and conditions contained in this Agreement and the agreements on the Legal Agreements page including the Privacy Policy and the Acceptable Use Policy. You should read all of these terms very carefully.


AR-RAHNU (ISLAMIC PAWNBROKING)

Payment Services




   Payment Services. DinarPal is a Ar-Rahnu and payment services provider and acts as such by creating, hosting, maintaining and providing our DinarPal Services to you via the Internet. Our services allow you to send payments to anyone with a DinarPal Account, and, where available, to receive payments. Our service availability varies by country. DinarPal is not a remittance business or a money transfer service and the Personal Payments feature may not be used to remit funds to third parties. We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. DinarPal is not a common carrier or public utility.

   Eligibility. To be eligible to use the DinarPal Services, you must be at least 18 years old or higher based on the age of majority in your jurisdiction, and a resident of one of the countries listed on the DinarPal Worldwide page. You must list your correct country of residence in your Account. This Agreement applies only to Users who are residents of one of the countries listed in Payment Services above. If you are a resident of another country, you may access the agreement that applies to you from our website in your country.

   Information. In order to open and maintain an Account, you must provide us with correct and updated Information.

  1. Your contact information. It is your responsibility to keep your primary email address up to date so that DinarPal can communicate with you electronically. You understand and agree that if DinarPal sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, DinarPal will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add DinarPal to your email address book so that you will be able to receive the Communications we send to you. You can update your primary email address or street address at any time by logging into the DinarPal website. If your email address becomes invalid such that electronic Communications sent to you by DinarPal are returned, DinarPal may deem your Account to be inactive, and you will not be able to transact any activity using your DinarPal Account until we receive a valid, working primary email address from you.

  2. Identity Verification. You authorize DinarPal, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third party databases or through other sources.

  3. Credit Report Authorization. If you open a Business Account, you are providing DinarPal with your written instructions and authorization in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorizing DinarPal to obtain your personal and/or business credit report: (a) when you request certain new products, or (b) at any time DinarPal reasonably believes there may be an increased level of risk associated with your Business Account.

  4. Updates to Information. If your credit card number or expiration date changes, we may acquire that information from our financial services partner and update your Account.
   Beneficial Owner. You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.

   Sending Limits. We may, at our discretion, impose limits on the amount of payments you can send through the DinarPal Services. You can view your sending limit, if any, by logging into your Account. If you have a Verified Account, we may increase your sending limits.

   Default Payment Methods.When you make a payment, if you have not selected a Preferred Payment Method, DinarPal will fund your transaction in this order (subject to availability based on your Payment Methods and country of registration):

  1. Balance
  2. Instant Transfer from your bank account
  3. Debit card
  4. Credit card
  5. eCheck
Note: If you do not want to use your balance, you must withdraw it before making a payment.

   Cards as Payment Methods. By adding a debit card, credit card or prepaid card as a Payment Method, you are providing DinarPal with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Payment Method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Payment Method in your Account Profile.

   Preferred Payment Method. You may select a Preferred Payment Method each time you make a payment, except for a Preapproved Payment or a No Log-In Payment. For a Preapproved Payment and, in most instances, a No Log-In Payment, you can select a Preferred Payment Method when you provide your initial authorization for this payment and through the My Preapproved Payments section of your Account Profile. If you select a Preferred Payment Method but have available balance in your Account, your balance will be used to fund your payment. If eCheck is your Preferred Payment Method, it will be used to fund your DinarPal payment, even if you have a balance. DinarPal may limit the Payment Methods available for a transaction.

   Refused and Refunded Payments. When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your balance or to your original Payment Method. We will return any unclaimed payment to you within 30 Days of the date you initiated the payment.

   Merchant Processing Delay. When you send a payment to certain Merchants, you are providing an Authorization to the Merchant to process your payment and complete the transaction. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization will remain valid for up to 30 Days. If your payment requires a currency conversion, the exchange rate will be determined at the time the Merchant processes your payment and completes the transaction.

    Preapproved Payments. A Preapproved Payment is a payment in which you Authorize a Merchant to directly charge your Account on a one-time, regular, or sporadic basis. Preapproved Payments are sometimes called "subscriptions", "recurring payments”, “preauthorized transfers” or "automatic payments". Within two (2) Business Days of any Preapproved Payment made from your Account, you will receive a confirmation of this transaction by email.

  1. Notice for Certain Preapproved Payments. If a Preapproved Payment will vary in amount and is made using an Instant Transfer, eCheck, debit card Payment Method or your Balance, you have the right to advance notice of the amount and date of the transfer from the Merchant at least 10 Days before the transfer is made. If the Merchant provides the option, you may choose to receive this advance notice only when the amount of your Preapproved Payment will fall outside a range established between you and the Merchant. This notice is designed to protect you from having insufficient funds in your bank account to cover the Preapproved Payment.
    Stopping a Preapproved Payment. You may stop a Preapproved Payment at any time up to 3 Business Days prior to the date the next payment is scheduled to be made by notifying DinarPal. To stop a Preapproved Payment, access the My Preapproved Payments section of your Account Profile and follow the links to stop the payment. You may also stop a Preapproved Payment by calling DinarPal at 012-2228069 (Malaysia). Once you contact DinarPal to stop a Preapproved Payment, all future payments under your agreement with the Merchant will be stopped. If you stop a Preapproved Payment you may still be liable to the Merchant for the payment or for other penalties under the terms of your agreement with the Merchant and you may be required to pay the Merchant through alternative means. We will be liable for your losses or damages directly caused by our failure to stop any Preapproved Payment if you have followed the instructions in this section to notify us.

   Ability to Receive Payments.The ability to receive payments varies by country. To determine whether you have the ability to receive payments

   Automatic Transfer Countries.If you are a resident of an Automatic Transfer Country, then you have the ability to receive payments but you must withdraw the full amount of your payment through an available withdrawal method. If you do not do so, the amounts will be automatically withdrawn from your Account to your withdrawal method on a regular basis. For additional terms regarding Automatic Transfer

   Liability for Invalidated Payments. When you receive a payment, you are liable to DinarPal for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees listed in Exhibit A (Fees) of this Agreement if you lose a Claim or a Chargeback, or if there is a Reversal of the payment. You agree to allow DinarPal to recover any amounts due to DinarPal by debiting your balance. If there are insufficient funds in your balance to cover your liability, you must reimburse DinarPal through other means. If a sender of a payment files a Chargeback, the credit card issuer, not DinarPal, will determine who wins the Chargeback.

   No Surcharges. You agree that you will not impose a surcharge or any other fee for accepting DinarPal as a payment method. You may charge a handling fee in connection with the sale of goods or services, as long as the handling fee is not higher than the handling fee you charge for non-DinarPal transactions.

   Receiving Personal Payments. If you are selling goods or services, you may not ask the buyer to send you a Personal Payment for the purchase.

   Preapproved Payments and/or No Log-In Payments. If you receive Preapproved Payments and/or No Log-In Payments you must receive your buyer’s Authorization to the payment amount, frequency and duration prior to submitting the payment.

   Micropayments for Digital Goods. To qualify to receive Micropayments for Digital Goods, you must submit an application, be approved by us, and have an Account in good standing. By applying for Micropayments for Digital Goods, you agree that for Digital Goods transactions you receive up to the amounts in the table below, then if a buyer opens a Dispute, DinarPal may reverse the transaction, and remove the funds from your Account without requiring the buyer to escalate the Dispute to a Claim.

   Balances. If you hold a balance, DinarPal will hold your funds in pooled accounts separate from its corporate funds, and it will not use your funds for its operating expenses or for any other corporate purposes. DinarPal will not voluntarily make your funds available to its creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your balance. DinarPal may receive interest on amounts that DinarPal holds on your behalf. You agree to assign your rights to DinarPal for any interest derived from your funds.

   Setoff of Past Due Amounts. If you have a past due amount owed to DinarPal, an Affiliate, or eBay DinarPal may debit your Account to pay any amounts that are more than 180 Days past due.

   Negative Balances and Multiple Currencies. If your Account has a negative balance, DinarPal may set-off the negative balance with any funds that you subsequently add or receive into your Account. If you have multiple currency balances in your Account and one of the currency balances becomes negative for any reason, DinarPal may set-off the negative balance by using funds you maintain in a different currency balance. If you open more than one Account, DinarPal may set off the negative balance in one Account by using any balance that you maintain in your other Account(s). In the event that a negative balance is offset by DinarPal pursuant to this paragraph, it may be bundled with another debit coming out of your Account.

   How to Withdraw Money. Depending on the country in which your Account is registered, you may withdraw funds from your Account in any of these methods: (a) by electronically transferring them to your U.S. bank account or to your local bank account, (b) by electronically transferring them to your Visa branded card, (c) through a DinarPal initiated Automatic Transfer to your linked financial instrument, or (d) by requesting a physical check through the mail. In certain countries, your ability to withdraw to a local bank account may require the use of DinarPal Retiros. Different currency rules may apply to DinarPal Retiros.

Please see terms and conditions for additional information regarding the service. In Taiwan, your ability to withdraw to your local bank account may require the opening of a bank account with a DinarPal partner bank in Taiwan, and using the withdrawal service offered by that partner bank. Please see the terms and conditions with the partner bank for additional information relating to that service. Depending on the country in which your Account is registered, the currencies in which you may withdraw your funds to your local bank account may be limited. With the exception of Users with Accounts registered in the People’s Republic of China and Taiwan, when withdrawing your funds to your local bank account, funds may only be withdrawn in your local currency. If you are holding a balance in U.S. Dollar, you may be able to withdraw the funds to your linked U.S. bank account. If you are holding a balance in a foreign currency, you may only withdraw that balance (or part thereof) after it has been converted to (a) the local currency if you are withdrawing your funds to your local bank account or (b) U.S. Dollar if you are withdrawing your funds to your linked U.S. bank account. Depending on the country in which your Account is registered, you may be able to withdraw your funds through a third party service provider. Please see terms of such third party for information regarding currency conversions.

Generally, we will send checks only to confirmed addresses, unless you have a Verified Account. We will not send checks to post office boxes. If you would like us to send a check to an address that does not meet these criteria, you must contact Customer Service and provide the documentation that we request to verify your association with the address. If you fail to cash a check within 180 Days of the date of issuance, we will return the funds to your balance (minus a Fee).

   Withdrawal Limits. Depending on the degree to which you have Verified your Account, we may limit your ability to withdraw funds until you comply with our requests for information. You can view your withdrawal limit, if any, by logging into your Account. In addition, we may delay withdrawals of large sums of money while we perform a risk review. Please see terms and conditions of the DinarPal Retiros service for information regarding the limits applicable to such service. .

   Withdrawal Fees. When withdrawing your balance, you will be charged the Withdrawing your Balance Fee as set out in Exhibit A (Fees) depending on the method of withdrawal. In addition, if you withdraw your balance in a currency other than the currency in which the balance on your Account is denominated, you will additionally be charged Currency Conversion Fees as set out in Exhibit A (Fees).

   How to Close Your Account. You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any balances associated with Redemption Codes, unless otherwise legally prohibited. You must withdraw your balance prior to closing your Account.

   Limitations on Closing Your Account. You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may hold your funds to protect DinarPal, Affiliates or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.

   Protection for Unauthorized Transactions and Errors. When an Unauthorized Transaction or an Error occurs in your Account, DinarPal will cover you for the full amount of every eligible Unauthorized Transaction or Error so long as you follow the procedures discussed below.

An Unauthorized Transaction occurs when a payment is sent from your Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an Unauthorized Transaction has occurred. If you give someone access to your Account (by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use.

   Notification Requirements.

  1. You should immediately notify DinarPal if you believe:
    1. there has been an Unauthorized Transaction or unauthorized access to your Account;
    2. there is an Error in your Account history statement (you can access your Account history by logging into your Account and clicking on a link to “View all of my transactions” ) or in your transaction confirmation sent to you by email;
    3. your password or DinarPal Mobile PIN has been compromised;
    4. your DinarPal Mobile-activated phone has been lost, stolen or deactivated; or
    5. you need more information about a transaction listed on the statement or transaction confirmation.

  2. To be eligible for protection for Unauthorized Transactions, you must notify us within 60 Days after any Unauthorized Transaction first appears in your Account history statement. We will extend the 60 Day time period if a good reason, such as a hospital stay, kept you from notifying us within 60 Days. You should regularly log into your Account and review your Account history statement to ensure that there has not been an Unauthorized Transaction or Error. DinarPal will also send an email to the primary email address you have provided in order to notify you of each transaction from your Account. You should also review these transaction confirmations to ensure that each transaction was authorized and is accurate.

    For Unauthorized Transactions or Errors in your Account, notify us as follows:
    1. Use this form to file a report in the DinarPal Resolution Center; or
    2. Write to DinarPal, Attn: Error Resolution Department, Suite 15 MITC Commercial Street, 75450 Ayer Keroh Melaka; or
    3. Call DinarPal Customer Service at +60 112 222 8069

  3. When you notify us, provide us with all of the following information:
    1. Your name and email address registered to your Account;
    2. A description of any suspected Unauthorized Transaction or Error and an explanation as to why you believe it is incorrect or why you need more information to identify the transaction; and
    3. The amount of any suspected Unauthorized Transaction or Error.

    If you notify us orally, we may require that you send us your complaint or question in writing within 10 Business Days. During the course of our investigation, we may request additional information from you.
   DinarPal Actions after Receipt of Your Notification. Once you notify us of any suspected Unauthorized Transaction or Error, or we otherwise learn of one, we will do the following:

  1. We will conduct an investigation to determine whether there has been an Unauthorized Transaction or Error that is eligible for protection.
  2. We will complete our investigation within 10 Business Days of the date we received your notification of the suspected Unauthorized Transactions or Error. If your Account is new (the first transaction from your Account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete this investigation. If we need more time, we may take up to 45 Days to complete our investigation (or up to 90 Days for new Accounts, or if your transaction was at a point of sale where you were physically present, or a foreign initiated transaction).
  3. If we decide that we need more time to complete our investigation, we will provisionally credit your Account for the amount of the suspected Unauthorized Transaction or Error. You will receive the provisional credit within 10 Business Days of the date we received your notice (or 20 Business Days for new Accounts). This will allow you to have use of the money until we complete the investigation. We will notify you of the provisional credit within 2 Business Days of the crediting. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days (or 20 Business Days for new Accounts), we will not provisionally credit your Account.
  4. We will inform you of our decision within 3 Business Days after completing our investigation.

    If we determine that there was an Unauthorized Transaction or Error, we will promptly credit the full amount into your Account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.

    If we decide that there was not an Unauthorized Transaction or Error, we will include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your Account and notify you of the date and amount of the debit. You may request copies of the documents that we used in our investigation.

   DinarPal Errors. We will rectify any Error that we discover. If the Error results in your receipt of less than the correct amount to which you are entitled, DinarPal will credit your Account for the difference. If the Error results in your receipt of more than the correct amount to which you are entitled, DinarPal will debit the extra funds from your Account.

   Your Errors. If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example), your only recourse will be to contact the party to whom you sent the payment and ask them to refund the payment. DinarPal will not reimburse you or reverse a payment that you have made in error..

   Restricted Activities.In connection with your use of our website, your Account, the DinarPal Services, or in the course of your interactions with DinarPal, other Users, or third parties, you will not:

  1. Breach this Agreement, the Commercial Entity Agreement, the Acceptable Use Policy or any other Policy that you have agreed to with DinarPal;
  2. Violate any law, statute, ordinance, or regulation;
  3. Infringe DinarPal's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  4. Sell counterfeit goods;
  5. Act in a manner that is defamatory, trade libelous, threatening or harassing to our employees, agents or other Users;
  6. Provide false, inaccurate or misleading Information;
  7. Engage in potentially fraudulent or suspicious activity and/or transactions;
  8. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
  9. Receive or attempt to receive funds from both DinarPal and the Seller, bank or credit card issuer for the same transaction during the course of a dispute;
  10. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
  11. Conduct your business or use the DinarPal Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to DinarPal, other Users, third parties or you;
  12. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the DinarPal Services;
  13. Use your Account or the DinarPal Services in a manner that DinarPal, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
  14. Allow your Account to have a negative balance;
  15. Use a credit card with your Account to provide yourself a cash advance (or help others to do so);
  16. Access the DinarPal Services from a country that is not listed on DinarPal's Worldwide page.
  17. Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User’s express consent to do so;
  18. Send unsolicited email to a User or use the DinarPal Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
  19. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  20. Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
  21. Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
  22. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the DinarPal Services; or
  23. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers.
   Your Liability.

  1. General. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by DinarPal, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the DinarPal Services. You agree to reimburse DinarPal, a User, or a third party for any and all such liability.


  2. Liability for Claims under DinarPal Buyer Protection. If you are a Seller and you lose a Claim filed directly with DinarPal, you will be required to reimburse DinarPal for your liability. Where you receive payment from a DinarPal Account holder in another country and we determine under the Buyer Protection policy of that country that the funds received should be returned or reversed, you will be required to reimburse DinarPal for your liability (before receiving payment from a DinarPal Account holder in another country, you should review the relevant DinarPal Buyer Protection policies available here). Your liability will include the full purchase price of the item plus the original shipping cost (and in some cases you may not receive the item back), and the DinarPal Fees that you were charged for the transaction. DinarPal Seller Protection will cover your liability for eligible Claims based on Item not Received, and eligible Unauthorized Transactions - see Section 9 (DinarPal Seller Protection) above.

    If a buyer files a Significantly Not as Described (SNAD) Claim for an item he or she purchased from you, you will generally be required to accept the item back and refund the buyer the full purchase price plus original shipping costs. You will not receive a refund on your DinarPal Fees. Further, if you lose a SNAD Claim because we, in our sole discretion, reasonably believe the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you might not receive the item back from the buyer (for instance, it may be disposed of or otherwise irreversibly dealt with). DinarPal Seller Protection will not cover your liability for SNAD Claims.


  3. Liability for claims filed under eBay’s Money Back Guarantee program. If you are an eBay Seller and eBay makes a final decision pursuant to its eBay Money Back Guarantee program holding you liable to reimburse the buyer, then you authorize DinarPal to remove funds from your Account in an amount not greater than the amount of such claim and remit such funds to eBay. If your balance is insufficient to cover the amount of such a claim, DinarPal will place a hold on your Account. This hold will remain on your Account until:(1) the date that sufficient funds become available to cover the amount of such claim, at which time such funds will be removed from your Account; or (2) 20 Days from the date of eBay's final decision, at which time an amount not greater than the amount of such claim will be removed from your Account.


  4. Liability for instructions given by you on your Account. Any instructions given by you on your Account (whether verbal or in writing) once you have been authenticated will be relied on by DinarPal. DinarPal will not be liable for any loss or damage you or anyone else suffers where DinarPal acts on those instructions in good faith, unless it was proved that DinarPal was negligent.


   Reimbursement for Your Liability. In the event that you are liable for any amounts owed to DinarPal, DinarPal may immediately remove such amounts from your balance. If you do not have a balance that is sufficient to cover your liability, your remaining balance (if any) will be removed, your Account will have negative balance up to the amount of your liability, and you will be required to immediately Add Money to your Balance or reimburse DinarPal through an alternative method. If you do not do so, DinarPal may engage in collection efforts to recover such amounts from you.

   Actions by DinarPal – Restricted Activities. If DinarPal, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect DinarPal, Affiliates other Users, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

  1. We may close, suspend, or limit your access to your Account or the DinarPal Services;

  2. We may suspend your eligibility for DinarPal Buyer Protection and/or DinarPal Seller Protection;

  3. We may refuse to provide the DinarPal Services to you now and in the future; and

  4. We may hold your funds for a period of time reasonably needed to protect against the risk of liability to DinarPal or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.


   Actions by DinarPal - Holds.

  1. Risk-Based Holds. DinarPal, in its sole discretion, may place a hold on any or all of the payments you receive when DinarPal believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. DinarPal’s determination may be based on different factors and DinarPal may rely on information it receives from third parties. If DinarPal places a hold on a payment, the funds will appear in your “pending balance” and the payment status will indicate the hold, for example it can show as “Completed - Funds not yet available.” If DinarPal places a hold on any or all of the payments you receive, DinarPal will provide you with notice of our actions. DinarPal will release the hold on any payment after 30 Days from the date the payment was received into your Account unless DinarPal has a reason to continue to hold the payment such as (a) the receipt of a Dispute, Claim, Chargeback, or Reversal, (b) DinarPal believes that you have violated the terms of this Agreement or any other Policy and that such a violation results in the need to continue holding the funds, or (c) DinarPal believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. In such an event, DinarPal may continue holding the payment in your Account until the matter is resolved pursuant to this Agreement. DinarPal, in its sole discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped.

  2. Disputed Transaction Holds. If a User files a Dispute, Claim, Chargeback or Reversal on a payment you received, DinarPal may place a temporary hold on the funds in your Account to cover the amount of the liability. If you win the dispute or the transaction is eligible for DinarPal Seller Protection, DinarPal will lift the temporary hold. If you lose the dispute, DinarPal will remove the funds from your Account. This process also applies to any claim that a buyer files directly with eBay through the eBay Money Back Guarantee program, provided that your Account is your reimbursement method for amounts you owe to eBay or to the buyer (as the case may be) under the terms of the eBay Money Back Guarantee program.

   Actions by DinarPal - Reserves. DinarPal, in its sole discretion, may place a Reserve on funds held in your Business Account when DinarPal believes there may be a high level of risk associated with your Account. If DinarPal places a Reserve in your Account, transactions will be shown as "pending" in your DinarPal balance, and you will not have access to funds in a “pending” status until they are cleared. If your Account is subject to a Reserve, DinarPal will provide you with notice specifying the terms of the Reserve. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in Reserve, or anything else that DinarPal determines is necessary to protect against the risk associated with your Account. DinarPal may change the terms of the Reserve at any time by providing you with notice of the new terms.

   Actions by DinarPal - Account Closure, Termination of Service, Limited Account Access; Confidential Criteria. DinarPal, in its sole discretion, reserves the right to terminate this Agreement and/or access to the DinarPal Services for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, including through a Reserve or hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that DinarPal’s decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ Accounts and the DinarPal system. You agree that DinarPal is under no obligation to disclose the details of its risk management or its security procedures to you.

    Acceptable Use Policy Violations. If you violate the Acceptable Use Policy then in addition to the above actions you will be liable to DinarPal for the amount of DinarPal’s damages for each violation of the Acceptable Use Policy. You agree that $2,500.00 USD (or equivalent) per transaction in violation of the Acceptable Use Policy is presently a reasonable minimum estimate of DinarPal’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to DinarPal that reasonably could be anticipated because due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. DinarPal may deduct such damages directly from any existing balance in the offending Account, or any other Account you control.

   Contact DinarPal First. If a dispute arises between you and DinarPal, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and DinarPal regarding the DinarPal Services may be reported to Customer Service online through the DinarPal Help Center at any time, or by calling +60 112 222 8069 from 6 AM to midnight, Malaysia Central Time.

   Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD (or other currencies equivalents), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through the Singapore International Arbitration Centre or any other established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

   Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in Section 12.2 above, you agree that any claim or dispute you may have against DinarPal must be resolved by a court located in Singapore or where the defendant is located. You agree to submit to the personal jurisdiction of the courts located within Singapore for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of Singapore as such laws are applied to agreements entered into and to be performed entirely within Singapore, without regard to conflict of law provisions.

   Improperly Filed Litigation. All claims you bring against DinarPal must be resolved in accordance with Section 12 of this Agreement. All claims filed or brought contrary to Section 12 shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to Section 12, DinarPal may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that DinarPal has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

   Notices to You. You agree that DinarPal may provide you Communications about your Account and the DinarPal Services electronically. DinarPal reserves the right to close your Account if you withdraw your consent to receive electronic Communications. Any electronic Communications will be considered to be received by you within 24 hours of the time we post it to our website or email it to you. Any notice sent to you by postal mail will be considered to be received by you 3 Business Days after we send it.

   Notices to DinarPal. Except as otherwise stated above in Section 8 (Errors and Unauthorized Transactions) and Section 12.1, notice to DinarPal must be sent by postal mail to: DinarPal Pte. Ltd., Attention: Legal Department, 5 Temasek Boulevard #09-01, Suntec Tower Five, Singapore 038985.

   Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, DinarPal will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.

   Release of DinarPal. If you have a dispute with one or more Users, you release DinarPal and Affiliates (and their officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

   Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE DINARPAL SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) UNLESS AND TO THE EXTENT PROHIBITED BY LAW OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDAREIS AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

   Services Limitation. DinarPal is not a bank and the DinarPal Services are payment processing services rather than banking services. DinarPal is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. DinarPal does not have control of, nor liability for, the products or services that are paid for with the DinarPal Services. We do not guarantee the identity of any User or ensure that a buyer or a Seller will complete a transaction.

   No Warranty. THE DINARPAL SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. DINARPAL, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.DinarPal does not have any control over the products or services that are paid for with the DinarPal Services and DinarPal cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. DinarPal does not guarantee continuous, uninterrupted or secure access to any part of the DinarPal Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. DinarPal will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but DinarPal makes no representations or warranties regarding the amount of time needed to complete processing because the DinarPal Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from country to country.

   Indemnification. You agree to defend, indemnify and hold DinarPal, Affiliates, and our officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your or your employees’ or agents’ breach of this Agreement and/or use of the DinarPal Services.

   License Grant. If you are using DinarPal software such as an API, developer's toolkit or other software application that you have downloaded to your computer, device, or other platform, then DinarPal grants you a revocable, non-exclusive, non-transferable license to use DinarPal's software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all DinarPal documentation accompanying the DinarPal Services. If you do not comply with DinarPal's implementation and use requirements you will be liable for all resulting damages suffered by you, DinarPal and third parties. DinarPal may change or discontinue any APIs upon notice to you. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to DinarPal's software are owned by DinarPal. Any third party software application you use on the DinarPal website is subject to the license you agreed to with the third party that provides you with this software. DinarPal does not own, control nor have any responsibility or liability for any third party software application you elect to use on the DinarPal website and/or in connection with the DinarPal Services. If you are using the DinarPal Services on the DinarPal website, or other website or platform hosted by DinarPal, or a third party, and are not downloading DinarPal's software or using third party software applications on the DinarPal website, then this section does not apply to your use of the hosted DinarPal Services.

   License Grant from You to DinarPal; IP Warranties. Subject to section 13.7, when providing DinarPal with content or posting content using DinarPal Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against DinarPal, its sublicensees or its assignees. You represent and warrant that none of the following infringe any intellectual property or publicity right: your provision of content to DinarPal, your posting of content using the DinarPal Services, and DinarPal’s use of such content (including of works derived from it) in connection with the DinarPal Services.

   License Grant from Merchants to DinarPal. Section 13.6 notwithstanding, if you are a Merchant using DinarPal Services, you hereby grant us a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and royalty-free right to use and display publicly, during the term of this Agreement, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of (1) identifying you as a Merchant that accepts a DinarPal Service as a payment form, and (2) any other use to which you specifically consent.

   Intellectual Property. "DinarPal.com," "DinarPal”, “DinarPal.com.br”, “DinarPal.com.cn”, “DinarPal.com.c2”, “DinarPal.com.hk”, “DinarPal.co.il”, “DinarPal.co.jp”, “DinarPal.com.mx”, “DinarPal.com.tr”, “DinarPal.com.sg” and all other URLs, logos and trademarks related to the DinarPal Services are either trademarks or registered trademarks of DinarPal or its licensors. You may not copy, imitate or use them without DinarPal's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of DinarPal. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by DinarPal through our merchant services, auction tools features or affiliate programs without prior written consent for the purpose of directing web traffic to the DinarPal Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to DinarPal or the DinarPal Services or display them in any manner that implies DinarPal's sponsorship or endorsement. All right, title and interest in and to the DinarPal website, any content thereon, the DinarPal Services, the technology related to the DinarPal Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of DinarPal and its licensors.

   Calls to You; Mobile Telephone Numbers. By providing DinarPal a telephone number (including a mobile telephone number), you consent to receiving calls, including autodialed and prerecorded messages from DinarPal at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Account Profile, and you consent to receive text messages from us about your use of the DinarPal Services at that number.

   Marketing. If you receive Information about another User through the DinarPal Services, you must keep the Information confidential and only use it in connection with the DinarPal Services. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.

   Password Security. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the DinarPal Services.

   Taxes.It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. DinarPal is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. In addition, you may be subject to VAT, sales tax, income tax, or other tax liabilities as a seller of goods or services. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority. All Fees related to the DinarPal Services are made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country are your sole responsibility

   Complete Agreement and Survival. This Agreement, along with any applicable Policies on the Legal Agreements page on the DinarPal website, sets forth the entire understanding between you and DinarPal with respect to the DinarPal Services. Sections 6 (Closing Your Account), 11 (Your Liability – Actions We May Take), 12 (Disputes with DinarPal), 13 (General Terms), 14 (Definitions), and Exhibit A (Fees) as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced

   Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without DinarPal's prior written consent. DinarPal reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

   Translated Agreement. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.

   No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

   Assumption of Rights. If DinarPal pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that DinarPal assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in DinarPal's discretion.

   "Account" or "DinarPal Account" means a Personal or Business DinarPal Account.

    "Add Money" or "Top Up" means your ability to transfer money from your bank account to your DinarPal Account.

   "Authorize" or "Authorization" means a buyer’s express authorization to a Merchant to collect a payment from the buyer’s DinarPal Account.

    "Automatic Transfer Countries" means Albania, Algeria, Antigua and Barbuda, Barbados, Belize, Bosnia and Herzegovina, Dominica, Egypt, Fiji, French Polynesia, Grenada, Malawi, New Caledonia, Palau, Saint Kitts and Nevis, Saint Lucia, Seychelles, Trinidad and Tobago, Turks and Caicos.

    "Automatic Transfer" means a withdrawal of your Account balance that is initiated by DinarPal. If your Account is registered in one of the Automatic Transfer Countries, then your balance will be regularly withdrawn to your linked financial instrument pursuant to these terms and conditions.

    "Business Account" means an Account used primarily for business purposes and not for personal, family, or household purposes.

    "Business Days" means Monday through Friday, excluding the official national holidays recognized in Singapore.

    "Chargeback" means a request that a buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.

    "Claim" means a challenge to a payment that a User files directly with DinarPal in the Online Resolution Center pursuant to Section 7 of this Agreement.

    "Commercial Entity Agreement" means the agreement that commercial entities are required to enter into directly with DinarPal's payment processor(s).

    "Commercial Payment" means as defined in Exhibit A (Fees) below.

    "Communications" means any Account or transaction information that DinarPal provides to you, including: any Policies you agree to, including updates to these Policies; annual disclosure; transaction receipts or confirmations; Account statements and history; and tax statements we are required to make available to you.

    "Customer Service" is DinarPal's customer support which can be accessed online through the DinarPal Help Center at any time, or by calling (402) 935-2050 (in the U.S.) from 6 AM to midnight U.S. Central Time.

    "Days" means calendar days.

    "Default Payment Methods" means the order in which DinarPal uses your Payment Methods to fund a transaction if you do not select a Preferred Payment Method.

    "Digital Goods" means goods that are delivered and used in an electronic format.

    "Dispute" means a dispute filed by a User directly with DinarPal in the Online Resolution Center pursuant to Section 7 of this Agreement.

    "eBay" means eBay Inc.

    "eCheck" means a payment funded using a sender's bank account that is held pending and not received by the recipient until it clears. When you send money using eCheck it will usually be held pending for 3-4 Business Days. The amount of time that it is held pending will increase if the payment is sent from a bank account outside the U.S.

    "Fees" means those amounts stated in Exhibit A (Fees) of this Agreement.

    "Information" means any Account information that you provide to us, including but not limited to personal information, financial information, or other information related to you or your business.

    "Instant Transfer" means a payment funded using the sender's bank account in which DinarPal credits the recipient instantly.

    "Item Not Received" means a challenge to a payment from a User claiming that the item purchased was not received.

    "Merchant" and “Seller” are used interchangeably and mean a User who is selling goods and/or services and using the DinarPal Services to receive payments.

    "Micropayments for Digital Goods" means the DinarPal Service offered to certain qualifying Merchants who sell Digital Goods that, among other things, offers micropayments pricing and integrated website tools.

    "No Log-In Payment" means a DinarPal payment that is made without the sender having to log into his/her Account.

    "Payment Method" means the payment method used to fund a transaction. The following payment methods may be used to fund a transaction (subject to availability): balance, Instant Transfer, eCheck, credit card, debit card, and Redemption Codes.

    "DinarPal Direct Payment" means a payment that is made directly through the buyer’s credit or debit card and not through a DinarPal Account, such as payments made through Website Payments Pro.

    "DinarPal Mobile" means a DinarPal Service that allows you to send and receive payments through your mobile phone.

    "DinarPal Seller Protection" means the protection program DinarPal offers Sellers as described in Section 9.

    "DinarPal Services" means all our products and services and any other features, technologies and/or functionalities offered by us on our website or through any other means.

    "DinarPal," "we," "us" or "our" means DinarPal Pte. Ltd.

    "Policy" or "Policies" means any Policy or other agreement between you and DinarPal that you entered into on the DinarPal website, or in connection with your use of the DinarPal Services.

    "Preapproved Payment" means a payment in which the recipient is provided advance Authorization to debit the sender’s Account directly on a one-time, regular, or sporadic basis in accordance with the recipient’s agreement with the sender. Preapproved Payments are sometimes called "subscriptions", “automatic payments”, “automatic billing” or "recurring payments."

    "Preferred Payment Method" means a Payment Method that you select to fund a payment instead of using the Default Payment Methods.

    "Redemption Code" means the sequence of letters, numbers, and/or symbols placed on gift certificates, promotional coupons or other promotional offers and used to obtain a benefit.

    "Reserve" means a percentage of the funds received into your Account that we hold in order to protect against the risk of Reversals, Chargebacks, Claims or any other liability related to your Account and/or use of the DinarPal Services.

    "Restricted Activities" means those activities described in Section 10 of this Agreement.

    "Reversal" means DinarPal reverses a payment you received because (a) it is invalidated by the sender's bank, (b) it was sent to you in Error by DinarPal, Affiliates, or any direct or indirect DinarPal subsidiary, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated this Agreement, the DinarPal Acceptable Use Policy, or any other Policy, or (e) DinarPal decided a Claim against you.

    "Seller" – see "Merchant" definition.

    "Significantly Not as Described" has the definition provided in Section 7.1 of this Agreement.

    "Substantial Change" means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.

    "Top Up" – see “Add Money” definition.

    "Transaction Details Page" means the page on the DinarPal website titled "Transaction Details" that displays information about the transaction. This page is accessible from the individual transaction in your Account on the DinarPal website.

    "Unauthorized Transaction" means as defined in Section 8.1 of this Agreement.

    "Verified Account" means an Account status that reflects that DinarPal has verified that an Account holder has legal control of one or more of his or her Payment Methods. A Verified Account status does not constitute an endorsement of a User or a guarantee of a User's business practices.

    "Virtual Terminal Payment" means a payment processed by DinarPal through the Virtual Terminal flows that is funded directly by a credit or debit card and not through an Account. "User" means any person or entity using the DinarPal Services including you.

    “Account Profile" means the location on our website where you can, after logging in, view and manage your profile, including your personal information, Payment Method details, Preapproved Payments authorizations, your selling tools, and your Account settings including your notification preferences and API Access permissions.

    “Affiliate” means DinarPal Holdings Inc. or a company that is a direct or indirect subsidiary of DinarPal Holdings Inc., or otherwise related to DinarPal through common ownership or control.

    “Error” means a processing error made by DinarPal or its suppliers in which your Account is mistakenly debited or credited.

    “Personal Payment” means a payment to a friend or a family member for goods and/or services such as your share of the rent or a dinner bill. Personal Payments may not be used for sending gifts. Personal Payments are not available in most countries.